21 USC 683 – Interstate shipment of meat inspected by Federal and State agencies for certain small establishments
(a) Definitions
(1) Appropriate State agency
The term “appropriate State agency” means a State agency described in section 661(b) of this title.
(2) Designated personnel
The term “designated personnel” means inspection personnel of a State agency that have undergone all necessary inspection training and certification to assist the Secretary in the administration and enforcement of this chapter, including rules and regulations issued under this chapter.
(3) Eligible establishment
The term “eligible establishment” means an establishment that is in compliance with—
(A) the State inspection program of the State in which the establishment is located; and
(B) this chapter, including rules and regulations issued under this chapter.
(4) Meat item
The term “meat item” means—
(A) a portion of meat; and
(B) a meat food product.
(5) Selected establishment
The term “selected establishment” means an eligible establishment that is selected by the Secretary, in coordination with the appropriate State agency of the State in which the eligible establishment is located, under subsection (b) to ship carcasses, portions of carcasses, and meat items in interstate commerce.
(b) Authority of Secretary to allow shipments
(1) In general
Subject to paragraph (2), the Secretary, in coordination with the appropriate State agency of the State in which an establishment is located, may select the establishment to ship carcasses, portions of carcasses, and meat items in interstate commerce, and place on each carcass, portion of a carcass, and meat item shipped in interstate commerce a Federal mark, stamp, tag, or label of inspection, if—
(A) the carcass, portion of carcass, or meat item qualifies for the mark, stamp, tag, or label of inspection under the requirements of this chapter;
(B) the establishment is an eligible establishment; and
(C) inspection services for the establishment are provided by designated personnel.
(2) Prohibited establishments
In carrying out paragraph (1), the Secretary, in coordination with an appropriate State agency, shall not select an establishment that—
(A) on average, employs more than 25 employees (including supervisory and nonsupervisory employees), as defined by the Secretary;
(B) as of the date of the enactment of this section, ships in interstate commerce carcasses, portions of carcasses, or meat items that are inspected by the Secretary in accordance with this chapter;
(C)(i) is a Federal establishment;
(ii) was a Federal establishment that was reorganized on a later date under the same name or a different name or person by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section; or
(iii) was a State establishment as of the date of the enactment of this section that—
(I) as of the date of the enactment of this section, employed more than 25 employees; and
(II) was reorganized on a later date by the person, firm, or corporation that controlled the establishment as of the date of the enactment of this section;
(D) is in violation of this chapter;
(E) is located in a State that does not have a State inspection program; or
(F) is the subject of a transition carried out in accordance with a procedure developed by the Secretary under paragraph (3)(A).
(3) Establishments that employ more than 25 employees
(A) Development of procedure
The Secretary may develop a procedure to transition to a Federal establishment any establishment under this section that, on average, consistently employs more than 25 employees.
(B) Eligibility of certain establishments
(i) In general
A State establishment that employs more than 25 employees but less than 35 employees as of the date of the enactment of this section may be selected as a selected establishment under this subsection.
(ii) Procedures
A State establishment shall be subject to the procedures established under subparagraph (A) beginning on the date that is 3 years after the effective date described in subsection (j).
(c) Reimbursement of State costs
The Secretary shall reimburse a State for costs related to the inspection of selected establishments in the State in accordance with Federal requirements in an amount of not less than 60 percent of eligible State costs.
(d) Coordination between Federal and State agencies
(1) In general
The Secretary shall designate an employee of the Federal Government as State coordinator for each appropriate State agency—
(A) to provide oversight and enforcement of this subchapter; and
(B) to oversee the training and inspection activities of designated personnel of the State agency.
(2) Supervision
A State coordinator shall be under the direct supervision of the Secretary.
(3) Duties of State coordinator
(A) In general
A State coordinator shall visit selected establishments with a frequency that is appropriate to ensure that selected establishments are operating in a manner that is consistent with this chapter (including regulations and policies under this chapter).
(B) Quarterly reports
A State coordinator shall, on a quarterly basis, submit to the Secretary a report that describes the status of each selected establishment that is under the jurisdiction of the State coordinator with respect to the level of compliance of each selected establishment with the requirements of this chapter.
(C) Immediate notification requirement
If a State coordinator determines that any selected establishment that is under the jurisdiction of the State coordinator is in violation of any requirement of this chapter, the State coordinator shall—
(i) immediately notify the Secretary of the violation; and
(ii) deselect the selected establishment or suspend inspection at the selected establishment.
(4) Performance evaluations
Performance evaluations of State coordinators designated under this subsection shall be conducted by the Secretary as part of the Federal agency management control system.
(e) Audits
(1) Periodic audits conducted by Inspector General of the Department of Agriculture
Not later than 2 years after the effective date described in subsection (j), and not less often than every 3 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section.
(2) Audit conducted by Comptroller General of the United States
Not earlier than 3 years, nor later than 5 years, after the date of the enactment of this section, the Comptroller General of the United States shall conduct an audit of the implementation of this section to determine—
(A) the effectiveness of the implementation of this section; and
(B) the number of selected establishments selected by the Secretary to ship carcasses, portions of carcasses, or meat items under this section.
(f) Technical assistance division
(1) Establishment
Not later than 180 days after the effective date described in subsection (j), the Secretary shall establish in the Food Safety and Inspection Service of the Department of Agriculture a technical assistance division to coordinate the initiatives of any other appropriate agency of the Department of Agriculture to provide—
(A) outreach, education, and training to very small or certain small establishments (as defined by the Secretary); and
(B) grants to appropriate State agencies to provide outreach, technical assistance, education, and training to very small or certain small establishments (as defined by the Secretary).
(2) Personnel
The technical assistance division shall be comprised of individuals that, as determined by the Secretary—
(A) are of a quantity sufficient to carry out the duties of the technical assistance division; and
(B) possess appropriate qualifications and expertise relating to the duties of the technical assistance division.
(g) Transition grants
Terms Used In 21 USC 683
- commerce: means commerce between any State, any Territory, or the District of Columbia, and any place outside thereof. See 21 USC 601
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- firm: means any partnership, association, or other unincorporated business organization. See 21 USC 601
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- label: means a display of written, printed, or graphic matter upon the immediate container (not including package liners) of any article. See 21 USC 601
- meat food product: means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Secretary under such conditions as he may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. See 21 USC 601
- Oversight: Committee review of the activities of a Federal agency or program.
- Secretary: means the Secretary of Agriculture of the United States or his delegate. See 21 USC 601
- State: means any State of the United States and the Commonwealth of Puerto Rico. See 21 USC 601
- United States: means the States, the District of Columbia, and the Territories of the United States. See 21 USC 601
The Secretary may provide grants to appropriate State agencies to assist the appropriate State agencies in helping establishments covered by subchapter III to transition to selected establishments.
(h) Violations
Any selected establishment that the Secretary determines to be in violation of any requirement of this chapter shall be transitioned to a Federal establishment in accordance with a procedure developed by the Secretary under subsection (b)(3)(A).
(i) Effect
Nothing in this section limits the jurisdiction of the Secretary with respect to the regulation of meat and meat products under this chapter.
(j) Effective date
(1) In general
This section takes effect on the date on which the Secretary, after providing a period of public comment (including through the conduct of public meetings or hearings), promulgates final regulations to carry out this section.
(2) Requirement
Not later than 18 months after the date of the enactment of this section, the Secretary shall promulgate final regulations in accordance with paragraph (1).